Prevention of poaching

article 22(2) of The Wildlife (Northern Ireland) Order 1985

• In force
• Requires proof of a state of mind
• Dogs, animals, hunting and wildlife

The instrument creating this offence has not been revoked so far as the data shows.

What the provision says

2 Subject to paragraph (3), if any person while on any land—

a intentionally kills, injures or takes any deer;

b searches for or pursues any deer with the intention of killing, injuring or taking it; or

c removes the carcase of any deer or any part thereof, without the consent of the owner or occupier or other lawful authority, he shall be guilty of an offence.

Text as made, from legislation.gov.uk. © Crown copyright, reused under the Open Government Licence v3.0. This is the text as originally made; later amendments are not shown here.

Who it binds, and what has to be proved

Binds

a person

Conduct

acting without the licence or authorisation required

Fault element

Requires proof of a state of mind

Burden of proof

No statutory defence — prosecution proves everything

The prosecution must prove both that the conduct happened and that it was done with the state of mind the provision names (intentionally, with the intention of).

The provision states no defence, so the prosecution bears the burden on every element of the offence.

Classifier’s reasoning: mens rea word in the offence-creating words: intentionally, with the intention of; qualified by absence of consent (an element).

What would breach article 22(2)?

These are illustrations, not law. They are generated from the provision’s own words to show the shape of the offence. Whether any particular conduct is caught depends on the full text, on any amendment since, and on the facts.

1. Starting the activity before the licence is granted, rather than on the day it takes effect under the Wildlife (Northern Ireland) Order 1985.
2. Carrying on after a licence has expired, been surrendered or been suspended.
3. Relying on somebody else's authorisation, where the provision requires the person doing the act to hold one.

Penalty

Mode of trial

Not determined

Maximum fine

Not determined

Maximum prison (summary)

Not determined

no penalty is stated in this instrument; it may be in the enabling Act, or in a general penalties provision this pass did not connect to the offence.

No penalty was determined from this instrument. It may be in the enabling Act, or in a general penalties provision this pass did not connect to the offence. Absence of a figure here is not evidence that the offence carries no penalty.

Sentencing

Offences of this kind are usually sentenced under the guidelines below. This is a mapping by subject, not a finding about this provision, and the links go to a search of the Sentencing Council’s own site.

• Animal cruelty: definitive guideline Magistrates' courts in England and Wales · in force from 1 July 2017

  Covers cruelty to and neglect of animals, and the associated disqualification and deprivation orders.

• Reduction in sentence for a guilty plea: definitive guideline All courts in England and Wales · in force from 1 June 2017

  The sliding scale of credit for pleading guilty, from one third at the first stage of proceedings downwards.

• General guideline: overarching principles All courts in England and Wales · in force from 1 October 2019

  The guideline a court uses when there is no offence-specific guideline, which is the position for the overwhelming majority of offences created by statutory instrument. It sets out how culpability and harm are assessed from first principles.

• Totality: definitive guideline All courts in England and Wales

  How to sentence more than one offence at once so that the total is just and proportionate - frequently in point here, because regulatory prosecutions commonly charge several breaches of the same instrument.

Prosecution figures

No published per-offence figure was found for this provision, and it could not be matched to a Ministry of Justice offence code. Offences created by statutory instrument very largely do not have one. Absence of a figure is not evidence that the offence is unused.

Status and lifecycle

Current status

In force

Made

13 February 1985

In force from

Not determined

Extent

N.I.

How this was established: read from the revised (currently in force) text.

What Parliament said

Mentions of this instrument in Hansard. Parliamentary material is reused under the Open Parliament Licence v3.0.

• Fisheries Bill [Lords] (Fifth sitting) Commons · 15 September 2020 · Victoria Prentis

  The clause is a standard provision that simply provides for the short title. Question put and agreed to. Clause 54, as amended, accordingly ordered to stand part of the Bill. New Clause 1 Conservation of Seals ‘Schedule (conservation of seals) contains amendments of the Conservation of Seals Act 1970 and the Wildlife (Northern Ireland) Order 1985 (1985/171 (N.I. 2)) in connection with prohibiting the killing,…

• Fisheries Bill [Lords] (Fifth sitting) Commons · 15 September 2020 · Luke Pollard

  Labour supports these amendments and we will not vote against them. Every seal matters and the discussions that we have had with stakeholders show strong support for the measures outlined by the Minister. Indeed, the changes to the Conservation of Seals Act 1970 and the Wildlife (Northern Ireland) Order 1985 prohibit the killing, injuring or taking of seals, as well as limiting the circumstances in which those…

• Fisheries Bill [Lords] (Fifth sitting) Commons · 15 September 2020 · Victoria Prentis

  The proposed amendments to the Conservation of Seals Act 1970 and the Wildlife (Northern Ireland) Order 1985 will provide new protections for wild seal populations in England, Wales and Northern Ireland from intentional or reckless injury, killing or taking. It will greatly restrict the circumstances in which any intentional killing of a wild seal is lawfully permitted—for example, animal welfare exemptions to…

• Catapults and Antisocial Behaviour Commons · 2 December 2025 · Alex Easton (North Down) (Ind)

  The Partnership for Action against Wildlife Crime Northern Ireland has helpfully drawn attention to the growing misuse of catapults. Does the hon. Member agree that there must be robust enforcement of existing law, particularly article 12 of the Wildlife (Northern Ireland) Order 1985 in respect of wild animals and the Welfare of Animals Act (Northern Ireland) 2011 in respect of domestic animals?

Other offences in the same instrument

• Protection of certain wild animalsarticle 10(1)
• Protection of certain wild animalsarticle 10(2)
• Protection of certain wild animalsarticle 10(4)
• Protection of certain wild animalsarticle 10(4A)
• Prohibition of certain methods of killing or taking wild animalsarticle 12(1)
• Prohibition of certain methods of killing or taking wild animalsarticle 12(2)
• Prohibition of certain methods of killing or taking wild animalsarticle 12(2C)
• Prohibition of certain methods of killing or taking wild animalsarticle 12(2D)
• Prohibition of certain methods of killing or taking wild animalsarticle 12(2E)
• Prohibition of certain methods of killing or taking wild animalsarticle 12(2F)
• Prohibition of certain methods of killing or taking wild animalsarticle 12(6)
• Prohibition of certain methods of killing or taking wild animalsarticle 12(7)

How this was identified as an offence

Everything above rests on the judgement that this provision creates a criminal offence, rather than mentioning one. That judgement is made by rule, from the words of the provision, and this is the rule that made it — with a confidence of 0.92.

Basis

the provision says a person is “guilty of an offence”

Confidence

0.92 of 1.00

A provision that states a penalty for an offence created elsewhere can read very like one that creates an offence, and the rules can mistake the one for the other. If the text quoted above sets a penalty for something made an offence by another provision, treat the classification on this page with that in mind, and read the instrument.

Check the source

• This provision on legislation.gov.uk The authoritative text. Check it before relying on anything here.
• The Wildlife (Northern Ireland) Order 1985 Every offence this instrument creates, and its explanatory note
• Dogs, animals, hunting and wildlifeOther offences on the same subject
• Offences created in 1985